Kenya’s Judicial Service Commission warned Monday that recent threats by the executive and legislature not to obey court orders amount to “a monumental assault to the Constitution” and could precipitate a constitutional crisis.
In a strongly worded statement, Chief Justice Martha Koome said the commission is “extremely serious” about assertions by government leaders that they will defy court rulings. “Allowed to continue unabated, we are on the precipice of a constitutional crisis that can lead to untold civil strife,” she said.
The rare rebuke of the country’s political leaders came as Koome outlined the commission’s work to safeguard judicial independence and accountability. She said judges are expected to exhibit “the highest standards of impartiality, fairness and ethics,” and that allegations of misconduct are dealt with firmly.
Last year, the commission received 72 petitions against judges, with 49 still undergoing evaluation. It has considered 85 disciplinary cases over two years, dismissing two officers and 71 staff.
“It is regrettable that the leadership of the Executive and legislature in their recent public declarations have threatened not to obey Court orders,” Koome said. “These threats and declarations are extremely serious and a monumental assault to the Constitution.”
She called defiance of court orders “untenable” and amounting to contempt. “Allowed to continue unabated, we are on the precipice of a constitutional crisis that can lead to untold civil strife,” she said.
Koome outlined transparency measures taken by the judiciary, including new complaint procedures, case tracking systems and financial oversight. She said the judiciary invited the national Ethics and Anti-Corruption Commission to assess its operations.
“Our democracy is pegged on the strength of the checks and balances in our governance structure,” Koome said. “The independence of the Judiciary from a fused Executive/Parliamentary coalition is more important than ever before.”
The commission pledged to continue upholding the constitution and judicial independence. “We urge Kenyans not to lose sight of Kenya’s history and what lies ahead,” Koome said. “Our prayer is that we all continue to safeguard the Constitution. We commit to do our bit.”
